EWJ June 61 2025 web - Flipbook - Page 15
appropriate overall reduction (including for the absence of a
helmet) is 20%.”
Dr Tim Crayford
Future developments
It is suggested that the outcome in Dormer does not
amount to a further circumscription of the illegality
(formerly ex turpi) defence, but instead an appropriate disapplication of it in light of the lack of criminality or turpitude on the claimant’s part. This recognises
that the defence is grounded in protecting the integrity of the law by barring recovery if the harm arises
out of the claimant’s wrongful act, not his or her
merely foolish act. The truly new element in Dormer
may prove to be the obiter analysis that even had the
s143 offence been made out, it would not have
triggered the illegality defence.
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• Medical Epidemiologist specializing in public health and longevity.
• Provides expert advice in determinations of length of life, using adjustments
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• Calculations are speciûc to the individual concerned, taking their personal
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Formerly the UK Government9s Chief Medical Ofûcer at the Department
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There may be yet further development of the defence.
The judge in Dormer noted that “the Supreme Court's
work on illegality is not yet done: they granted permission to
appeal Lewis-Ranwell v G4S & others [2024] EWCA Civ
138 where the Court of Appeal in yet another 'mental health
unlawful killing' case held the illegality defence does not apply
where the individual is unaware of their own criminality.”
Contact
Mobile: 07973 334693
Email: tim@crayford.net - Alternate Email: tim@epiexpert.co.uk
Website: www.epiexpert.co.uk
Address: 13 Croham Park Avenue, Croydon, Surrey, CR2 7HN
Area of work: Nationwide and Worldwide
The facts of that case read like an exam question. After
the claimant had been negligently discharged from
mental health care, he killed three elderly men in their
own homes. He was charged with murder but was
found not guilty by reason of insanity. He brought civil
claims for the failure to provide adequate treatment
and care.
In February 2024, the Court of Appeal held “by a
majority of 2 to 1, that a person who deliberately and unlawfully kills whilst insane is not barred by the defence of illegality from suing mental health services for allegedly failing to
treat him properly[1].” In May 2024, the Supreme Court
granted the defendants’ request for permission to appeal, although a hearing date has yet to be listed. It
has been described as “a truly shocking case on the facts
[raising] ethical as well as legal issues and the Court of Appeal’s decision is likely to divide opinion sharply. However,
there is currently no ruling on this precise situation from the
highest court in the land[2]”.
Mr. Daniel Gheorghiu
Consultant Trauma & Orthopaedic surgeon
with a specialist interest in shoulder & hand surgery
MB ChB, MRCS, FRCS (Tr&Orth), M.D
Mr Gheorghiu is a fellowship trained Trauma & Orthopaedic surgeon with a
sub-specialist surgical practice in upper limb surgery.
He has been an NHS consultant for 9 years and during that time he has held the
positions of Trauma Lead and Lead of Trauma and Orthopaedics.
His NHS and private practice is at St Mary's Hospital, Isle of Wight.
His area of expertise is General Trauma and Orthopaedics with a special interest in
References
[1] This passage is taken from a summary by Deka
Chambers: Judgment handed down in Lewis-Ranwell
v G4S Health Services & Others (2024) - Deka Chambers - Barristers Chambers
Shoulder, Elbow and Hand Surgery. He treats all conditions in the shoulder and
hand, including: fractures, dislocations, sprains, soft tissue injury, arthritis, sports
injuries, and tendon problems.
He also has a general orthopaedic trauma practice in the NHS treating orthopaedic
injuries bodywide.
Mr Gheorghiu welcomes instructions in the areas of:
• Upper Limb Negligence cases
• Standard or complex shoulder and hand cases
[2] In a case note published by NHS Resolution: Case
of note: Lewis-Ranwell v. G4S Health Services (UK)
Ltd., Devon Partnership NHS Trust and Devon
County Council (Court of Appeal 16 February 2024)
- NHS Resolution
• Standard trauma cases body-wide
• Serious injuries
• Soft tissue injuries to the spine
• Standard upper and lower limb injuries (soft tissue or fractures)
Mr Gheorghiu has undertaken Medico-Legal work since 2017 with the emphasis on
medico-legal report in personal injury claims. With the completion of the Bond Solon
Medical Negligence course, he is now expanding his practice into this field.
Mr Gheorghiu is happy to see clients at their Home or to do Prison Visits. He will
travel nationwide or abroad.
Join our directory
admin@expertwitness.co.uk
www.expertwitness.co.uk
Contact: Natasha Locans
Tel: 07960 423 347 - Mobile: 07960 423 347
Email: natashalocans@gmail.com
Alternate Email: wightdoc@gmail.com
Website: www.wightorthopaedics.co.uk
The Mottistone Suite, Newport Road, St Mary's Hospital, Isle of Wight, PO350TG
Area of work: Can see clients at their Home or undertake Prison Visits.
Will travel nationwide or abroad.
EXPERT WITNESS JOURNAL
13
JUNE 2025
